What To Expect During A Condemnation Hearings in Texas – 2024

Land ownership in Texas has its rewards and disadvantages. For example, a challenge arises when a government uses its eminent domain power to seize private property on behalf of the state. This action, called condemnation, requires the condemning government, the condemner, to pay just and sufficient compensation to property owners. However, knowing what to expect during a condemnation hearing in Texas can help you receive the compensation you deserve.

What Is Condemnation in Texas?

Condemnation starts when a government or delegated agency believes that private property is needed to carry out a public good. Highway extensions, utilities, flood control projects or the building of public amenities such as parks and libraries are some examples. The condemner will have to show that the project is for a valid public purpose and have given the property owner reasonable notice of their intent to do so.

This notice will usually be in the form of a letter offering to purchase the property at the condemner’s fair market value. The first offer is generally unacceptable to property owners because it misvalues the land. Additionally, sometimes, these offers are phrased so firmly that property owners are either confused by the terms or feel that they can’t refuse. However, Texas law does give landowners a way to dispute the offer or even the condemnation itself.

The Condemnation Process

The condemnation process begins when the condemner determines that there is a public need such as a highway or an airport. To proceed in implementing this need, they will typically bring an initial offer to the property owner. The property owner can accept or reject this amount. They may reject this amount for a variety of reasons including the offer being under fair market value or the offer not accounting for damages made to the land.

If a negotiation cannot be reached, the condemner may file a petition with the court where the property is located. This is a special commissioner’s hearing where three commissioners are appointed to look over the case.

These commissioners are independent county property owners who take testimony and decide how much should be paid. The owner of the property and the condemner each give evidence to the hearing about how much it is worth, what damage it has suffered, and if any benefit could be derived from the property. These commissioners should be unbiased in their assessments.

At any point, the property owner may hire an attorney to assist them in the process. An attorney can help them advocate for fair compensation of their land and can represent them in court. Lawyers can help explain legal terms and the terms outlined in the initial offer, so the property owner has full understanding of what is being offered to them.

After the court hearing, a final decision is made. If either side disagrees with the ruling, they can file an appeal. This provides another opportunity for property owners to request a higher payout for their land.

Your Rights in the Condemnation Process

In Texas, property owners have several key rights in a condemnation case. Owners have the right to due process and fair compensation if the government or another authorized person wishes to acquire private property for public purposes. This means that property can’t be seized without a proper process of law and payment for its market value, including the losses from the taking.

The owners have the right to be properly notified of the condemnation and a written counteroffer from the condemning authority. They don’t have to take the first offer and can ask for higher pay. Owners can object to the offer, even in court, if it doesn’t meet their expectations. They can dispute whether the entity has a right to seize the land, the validity of the public use rights, or the proper amount of compensation.

At the time of condemnation, the property owners have the right to provide evidence such as independent appraisals to back up their valuation. They can appeal the special commissioners’ judgment and seek a jury trial, too. A lawyer ensures these rights are properly invoked, and property owners receive fair treatment and fair compensation for their losses.

FAQs

Q: What Does Condemnation Mean in Court?

A: In court, condemnation is the process by which the state or a designated authority seizes private property for public purposes by its eminent domain power. The court manages the process to ensure that the property owner gets just compensation for the land they took. Condemnation involves the argument of whether the taking was valid and what the outcome will be such as compensating the property owner.

Q: What Is The Process of Condemnation?

A: The condemnation process starts when a government or other designated agency aims to encroach on private property for a public good. The owner is alerted, and a payment offer is made to them. If the owner doesn’t take the deal, the negotiation continues. Unless an agreement is reached, the condemner goes to court to ask for a hearing. Special commissioners award payments, which are subject to a jury trial, should a need arise.

Q: What Is an Example of Condemnation?

A: An example of condemnation is when a city wants to expand an airport but needs to acquire land from a nearby private landowner to do so. The government entity, through eminent domain, attempts to secure the land by offering the property owner a compensation amount based on the land’s fair market value.

Q: What Are the Reasons for Condemnation?

A: Condemnation is usually used for public works like highways, schools, hospitals, or utilities. It can also be used for infrastructure works such as flood protection, road expansion, or public works. The state or designated authority must show that the taking is in the public interest and for the sake of the public.

Contact Alagood Cartwright Burke PC Today

If you’re facing a condemnation process in Texas, it is necessary for you to understand your rights and the process that you will encounter. You do not have to accept the first offer given to you before exploring all legal options. Alagood Cartwright Burke PC can help you in this process. Contact us today for more information.